Legislators, courts, investors and civil society are all converging around the idea that the most severe environmental harms should attract the highest level of responsibility - including criminal liability - for decision-makers.
The Independent Expert Panel for the Legal Definition of Ecocide, convened by the Stop Ecocide Foundation, proposed in 2021 a consensus definition of “ecocide” that has rapidly become a reference point for lawmakers, academics and practitioners worldwide.
Ecocide law sits alongside developments such as:
growing climate and biodiversity litigation against corporates and directors
mandatory human rights and environmental due diligence regimes, and
recognition of the right to a clean, healthy and sustainable environment in many jurisdictions.
The rapidly growing momentum behind international, regional and national ecocide laws means that helping clients understand and anticipate ecocide-related developments is part of robust horizon scanning, risk management and governance, placing ecocide law within this bigger picture as a logical next step in environmental accountability.
In-house counsel and private practice lawyers supporting corporate, finance and insurance clients are uniquely placed to advise on ecocide law in a constructive and commercially relevant way, helping to embed ecocide law in a framework for responsible business strategy.
The good news for clients
Ecocide law is targeted at the worst harms
The emerging standard focuses on severe damage that is widespread or long-term, and on conduct that is unlawful or wanton – a far higher bar than ordinary regulatory non-compliance. It is not designed to criminalise every environmental incident, but to address the most egregious cases of ecological destruction.
Responsible businesses have most to gain
Clear criminal boundaries sharpen the line between good and bad practice.
Companies already investing in high environmental standards benefit from a more level playing field as competitors cutting corners face meaningful consequences.
Strong internal governance now can significantly reduce future liability and reputational risk.
Early preparation is cheaper than late reaction
Mapping operations against emerging ecocide-type thresholds helps identify “red flag” activities before they become stranded assets or litigation hotspots.
Integrating ecocide considerations into due diligence, project finance documentation, insurance and M&A processes can be incremental, building on existing ESG and risk frameworks.
How Stop Ecocide International can work with lawyers
Stop Ecocide International (SEI) collaborates with legal professionals and business networks worldwide. For lawyers advising business clients, we can:
provide neutral background briefings on the Independent Expert Panel definition and global developments in ecocide law.
co-develop or support client education sessions (for example, board briefings or ESG workshops) to build understanding around ecocide law.
A growing number of leading firms already provide public analysis of ecocide and related developments:
Next steps
If you are a law firm interested in collaborating on ecocide law briefings or in-house counsel who would like a short orientation session for your board or ESG committee, please contact sue@stopecocide.earth.
We very much welcome dialogue with lawyers who are helping clients navigate this transition which is designed to help protect the natural world on which all business ultimately depends.